Sewerage (Scotland) Act 1968

Duties and powers of local authorities S

1 Duty of local authority to provide for sewerage of their area. S

(1) Subject to the provisions of this Act, it shall be the duty of [F1 Scottish Water] to provide such public sewers as may be necessary for effectually draining [F2 its] area of domestic sewage, surface water and trade effluent, and to make such provision, by means of sewage treatment works or otherwise, as may be necessary for effectually dealing with the contents of [F2 its] sewers.

[F3 (2) Without prejudice to the generality of subsection (1) above—

(a) [F4 Scottish Water] shall, subject to paragraph (b) below, take [F5 its] public sewers to such point or points as will enable the owners of premises which are to be served by the sewers to connect their drains or private sewers with the public sewers at reasonable cost;

(b) where [F6 Scottish Water ] have agreed with some other person (in this section referred to as the “ private provider ”) that he will take a private sewer to such point or points as will enable owners to make such connection as is mentioned in paragraph (a) above, that paragraph shall not apply while the agreement subsists. ]

(3) The duties imposed by the foregoing subsections shall not require [F7 Scottish Water] to do anything which is not practicable at a reasonable cost.

(4) If any question arises under this section as to whether anything is or is not practicable at a reasonable cost or as to the point or points to which [F8 a public sewer, or under an agreement such as is mentioned in paragraph (b) of subsection (2) above the private sewer of a private provider,] must be taken to enable drains or private sewers to be connected therewith at a reasonable cost, the Secretary of State, if requested to do so by any person aggrieved, shall, after consultation with that person and with [F9 [F6 Scottish Water], or as the case may be [F10 the] private provider, concerned], determine that question, and [F11 [F12 Scottish Water] or [F10 the] private provider] shall give effect to his determination.

[F13 (5) The Secretary of State may by regulations make provision as respects the procedure to be followed as respects a request under subsection (4) above.

(6) The power to make regulations under subsection (5) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

[F14 (7) The duties imposed by subsections (1) and (2) above shall not require Scottish Water to do anything which is prejudicial to its compliance with—

(a) any directions given to it under section 56 of the Water Industry (Scotland) Act 2002 (asp 3) so far as setting objectives of a type referred to in section 56A of that Act, or

(b) a statement of policy issued under section 29D of that Act.]

Textual Amendments

F1 Words in s. 1(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 5(a)(i) (with s. 67); S.S.I. 2002/118, art. 2

F2 Words in s. 1(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 5(a)(ii) (with s. 67); S.S.I. 2002/118, art. 2

F3 S. 1(2) substituted (4.1.1995) by 1994 c. 39, s. 180(1), Sch. 13 para. 75(2)(b); S.I. 1994/2850, art. 3(c)(vi) (with art. 4)

F4 Words in s. 1(2)(a)(3) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 2 (with s. 67); S.S.I. 2002/118, art. 2

F5 Word in s. 1(2)(a) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 5(b) (with s. 67); S.S.I. 2002/118, art. 2

F6 Words in s. 1(2)(b)(4) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 3 (with s. 67); S.S.I. 2002/118, art. 2

F7 Words in s. 1(2)(a)(3) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 2 (with s. 67); S.S.I. 2002/118, art. 2

F8 Words in s. 1(4) substituted (4.1.1995) by 1994 c. 39, s. 180(1), Sch. 13 para. 75(2)(d)(i); S.I. 1994/2850, art. 3(c)(vi) (with art. 4)

F9 Words in s. 1(4) substituted (4.1.1995) by 1994 c. 39, s. 180(1), Sch. 13 para. 75(2)(d)(ii); S.I. 1994/2850, art. 3(c)(vi) (with art. 4)

F10 Words in s. 1(4) inserted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 5(c) (with s. 67); S.S.I. 2002/118, art. 2

F11 Words in s. 1(4) substituted (4.1.1995) by 1994 c. 39, s. 180(1), Sch. 13 para. 75(2)(d)(iii); S.I. 1994/2850, art. 3(c)(vi) (with art. 4)

F12 Words in s. 1(4) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 4 (with s. 67); S.S.I. 2002/118, art. 2

F13 S. 1(5)(6) added (4.1.1995) by 1994 c. 39, s. 180(1), Sch. 13 para. 75(2)(e); S.I. 1994/2850, art. 3(c)(vi) (with art. 4)

F14 S. 1(7) added (1.7.2005) by Water Services etc. (Scotland) Act 2005 (asp 3), ss. 24(1), 37(2) (with s. 36); S.S.I. 2005/351, art. 2, Sch. 2

Modifications etc. (not altering text)

C1 S. 1: power to modify conferred (temp. from 4.1.1995 to 1.4.1996) by 1994 c. 39, s. 182(2); S.I. 1994/2850, art. 3(a), Sch. 2 (with art. 4)

2 Maintenance of public sewers and other works. S

Subject to section 4 below, it shall be the duty of [F15 Scottish Water] to inspect, maintain, repair, cleanse, empty, ventilate and where appropriate renew all sewers, sewage treatment works and other works vested in [F16 it] by virtue of this Act [F17 or of [F18 the Water Industry (Scotland) Act 2002 (asp 3)F18 ]].

Textual Amendments

F15 Words in s. 2 substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 6(a) (with s. 67); S.S.I. 2002/118, art. 2

F16 Word in s. 2 substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 6(b) (with s. 67); S.S.I. 2002/118, art. 2

F17 Words in s. 2 substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 75(3)(b); S.I. 1996/323, art. 4(1)(b)(c)

F18 Words in s. 2 substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 6(c) (with s. 67); S.S.I. 2002/118, art. 2

Modifications etc. (not altering text)

C2 S. 2 applied with modifications (1.4.1992) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 45(10); S.I. 1992/266, art. 3.

3 Construction etc. of public sewers and public sewage treatment works. S

(1) Subject to the provisions of this Act, [F19 Scottish Water] may, F20 ...—

(a) construct a public sewer—

(i) in, under or over any [F21 road], or under any cellar or vault below any [F21 road];

(ii) in, on or over any land not forming part of a [F21 road];

(b) construct public sewage treatment works in or on any land held by [F22 it] or appropriated for the purpose.

(2) Before commencing construction of a sewer in, on or over any land not forming part of a [F21 road], [F23 Scottish Water] shall serve notice of [F24 its] intention on the owner and the occupier of land concerned together with a description of the proposed works and of the right to object thereto, and if within 2 months after the service of the notice the owner or the occupier objects to the proposed works, and that objection is not withdrawn, [F25 Scottish Water] shall not proceed to execute the works without consent aftermentioned but may refer the matter by summary application to the sheriff who may grant consent to the proposed works either unconditionally or subject to such terms and conditions as he thinks just, or who may withhold his consent, and the decision of the sheriff on the matter shall be final.

(3) Section [F26 192] of the Local Government (Scotland) Act [F26 M1 1973] (service of notices) shall apply to notices [F27 served by [F28 Scottish WaterF28 ]] under subsection (2) above relating to land as it applies to notices [F29 served by a local authority] relating to premises.

(4) F30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F19 Words in s. 3(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 2 (with s. 67); S.S.I. 2002/118, art. 2

F20 Words in s. 3(1) repealed (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 7(a)(i) (with s. 67); S.S.I. 2002/118, art. 2

F21 Word substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 64(2)

F22 Word in s. 3(1)(b) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 7(a)(ii) (with s. 67); S.S.I. 2002/118, art. 2

F23 Words in s. 3(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 2 (with s. 67); S.S.I. 2002/118, art. 2

F24 Word in s. 3(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 7(b) (with s. 67); S.S.I. 2002/118, art. 2

F25 Words in s. 3(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 3 (with s. 67); S.S.I. 2002/118, art. 2

F26 Words substituted by Local Government (Scotland) Act 1973 (c. 65), Sch. 27 Pt. II para. 179

F27 Words in s. 3(3) inserted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 75(4)(b)(i); S.I. 1996/323, art. 4(1)(b)(c)

F28 Words in s. 3(3) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 2 (with s. 67); S.S.I. 2002/118, art. 2

F29 Words in s. 3(3) inserted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 75(4)(b)(ii); S.I. 1996/323, art. 4(1)(b)(c)

F30 S. 3(4) repealed (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 7(c) (with s. 67); S.S.I. 2002/118, art. 2

Modifications etc. (not altering text)

C3 S. 3 applied (with modifications) (1.4.1992) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 45(10); S.I. 1992/266, art. 3

Marginal Citations

M1 1973 c. 65.

[F31 3A Authorisation of construction of certain private sewers etc. S

(1) Without prejudice to [F32 its]F32 powers under section 3 of this Act (including any power to authorise the construction, on [F32 its]F32 behalf, of a public sewer), [F33 Scottish Water]F33 may authorise a person to construct, within [F32 its]F32 area but whether or not connecting with [F32 its]F32 sewers or sewage treatment works, a sewer—

(a) in, under or over any road, or under any cellar or vault below any road; or

(b) in, on or over any land which does not form part of a road and is not land as respects which he is owner, lessee or occupier,

but where authorisation is so given, subsection (2) of section 3 of this Act shall apply in respect of the person and the construction proposed as that subsection applies in respect of a sewerage authority and works proposed by [F34 it]F34 under subsection (1) of that section.

(2) [F35 Scottish Water]F35 —

(a) in giving authorisation to a person under subsection (1) above; or

(b) as respects any sewer (not being a sewer constructed by or on behalf of [F36 Scottish Water]F36 ) whose construction by a person does not require such authorisation,

may, in a case where the proposed sewer will connect with [F37 its]F37 sewers or sewage treatment works, determine (and by written notice advise the person) that all, or a part which [F38 it]F38 shall specify in the notice, of the sewer constructed shall not vest in [F39 it]F39 through the operation of section 16(1)(c) of this Act and shall instead vest in him; but notwithstanding the determination [F40 Scottish Water]F40 may, on such terms and conditions as [F41 it thinks]F41 fit, then or at some later time enter into an agreement under which the sewer, or as the case may be the part, shall vest in [F39 it]F39 .]

Textual Amendments

F31 S. 3A and sidenote inserted (4.1.1995) by 1994 c. 39, s. 101 (with s. 74(4)); S.I. 1994/2850, art. 3(a), Sch. 2 (with art. 4)

F32 Words in s. 3A(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 8(a)(i) (with s. 67); S.I. 2002/118, art. 2

F33 Words in s. 3A(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 2 (with s. 67); S.S.I. 2002/118, art. 2

F34 Word in s. 3A(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 8(a)(ii) (with s. 67); S.I. 2002/118, art. 2

F35 Words in s. 3A(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 3 (with s. 67); S.I. 2002/118, art. 2

F36 Words in s. 3A(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 4 (with s. 67); S.I. 2002/118, art. 2

F37 Word in s. 3A(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 8(b)(i) (with s. 67); S.I. 2002/118, art. 2

F38 Word in s. 3A(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 8(b)(ii) (with s. 67); S.I. 2002/118, art. 2

F39 Words in s. 3A(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 8(b)(iii) (with s. 67); S.I. 2002/118, art. 2

F40 Words in s. 3A(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 3 (with s. 67); S.I. 2002/118, art. 2

F41 Words in s. 3A(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 8(b)(iv) (with s. 67); S.I. 2002/118, art. 2

Modifications etc. (not altering text)

C4 S. 3A: power to modify conferred (temp. from 4.1.1995 to 1.4.1996) by 1994 c. 39, s. 182(2); S.I. 1994/2850, art. 3(a), Sch. 2 (with art. 4)

4 Power of local authority to close or alter public sewers etc. S

[F42 Scottish Water] may, if [F43 it thinks] fit, close, alter, replace or remove any sewer, sewage treatment works or other works vested in [F44 it] by virtue of this Act [F45 or of [F46 the Water Industry (Scotland) Act 2002 (asp 3)F46 ]], but, before any person who is lawfully using the sewer or works for any purpose is deprived by [F47 Scottish Water] of that use, [F48 it] shall provide a sewer or works equally effective for that use and shall at [F49 its] expense carry out any work necessary to connect his drain or private sewer with the sewer or works so provided.

Textual Amendments

F42 Words in s. 4 substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 2 (with s. 67); S.S.I. 2002/118, art. 2

F43 Words in s. 4 substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 9(a) (with s. 67); S.S.I. 2002/118, art. 2

F44 Word in s. 4 substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 9(b) (with s. 67); S.S.I. 2002/118, art. 2

F45 Words in s. 4 inserted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 75(5)(b); S.I. 1996/323, art. 4(1)(b)(c)

F46 Words in s. 4 substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 9(c) (with s. 67); S.S.I. 2002/118, art. 2

F47 Words in s. 4 substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 4 (with s. 67); S.S.I. 2002/118, art. 2

F48 Word in s. 4 substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 9(d) (with s. 67); S.S.I. 2002/118, art. 2

F49 Word in s. 4 substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 9(e) (with s. 67); S.S.I. 2002/118, art. 2

Modifications etc. (not altering text)

C5 S. 4 applied with modifications (1.4.1992) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 45(10); S.I. 1992/266, art. 3.

F50 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F50 Ss. 5, 7(4), 18(4)-(6), 19 repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29

6 Functions outwith the area of a local authority. S

F51 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F51 S. 6 repealed (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 10 (with s. 67); S.S.I. 2002/118, art. 2

7 Agreements between highway and local authorities. S

(1) Subject to the provisions of this section, [F52 a roads authority] and [F53 Scottish Water] may agree, on such terms and conditions as may be specified in the agreement, as to the provision, management, maintenance or use of their sewers or drains for the conveyance of water from the surface of [F54 a road] or surface water from premises.

(2) F55 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) [F56 A roads authority or [F57 Scottish WaterF57 ]] shall not unreasonably refuse to enter into an agreement for the purposes of this section or insist unreasonably upon terms or conditions unacceptable to the other party, F58 ..., and any dispute arising under this section to which the Secretary of State is not a party as to whether or not [F59 a roads authority or Scottish Water] are acting unreasonably, shall be referred to the Secretary of State, who, after consultation with the [F60 authority concerned and Scottish Water], shall determine the dispute, and his decision shall be final.

[F61 (3A) In the foregoing provisions of this section, “roads authority” has the same meaning as in the M2 Roads (Scotland) Act 1984.]

F62 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F52 Words in s. 7(1) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 75(7)(a)(i); S.I. 1996/323, art. 4(1)(b)(c)

F53 Words in s. 7(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 2 (with s. 67); S.S.I. 2002/118, art. 2

F54 Words in s. 7(1) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 75(7)(a)(iii); S.I. 1996/323, art. 4(1)(b)(c)

F55 S. 7(2) repealed (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 11(a) (with s. 67); S.S.I. 2002/118, art. 2

F56 Words in s. 7(3) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 75(7)(c)(i); S.I. 1996/323, art. 4(1)(b)(c)

F57 Words in s. 7(3) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 2 (with s. 67); S.S.I. 2002/118, art. 2

F58 Words in s. 7(3) repealed (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 11(b)(i) (with s. 67); S.S.I. 2002/118, art. 2

F59 Words in s. 7(3) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 11(b)(ii) (with s. 67); S.S.I. 2002/118, art. 2

F60 Words in s. 7(3) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 11(b)(iii) (with s. 67); S.S.I. 2002/118, art. 2

F61 S. 7(3A) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 75(7)(d); S.I. 1996/323, art. 4(1)(b)(c)

F62 Ss. 5, 7(4), 18(4)-(6), 19 repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29

Marginal Citations

M2 1984 c. 54.

8 Agreements as to provision of sewers etc. for new premises. S

(1) Subject to subsection (2) below, where [F63 Scottish Water is] satisfied that premises are to be constructed within [F64 its] area by any person, [F65 it] may enter into an agreement with that person as respects the provision by that person or by [F66 it] of sewers and sewage treatment works to serve those premises, and any such agreement may specify the terms and conditions on which the work is to be carried out, including provision as to the taking over by [F67 Scottish Water] of sewage treatment works so provided, and, in relation to any premises served or to be served by the sewers or works, shall be enforceable against [F68 Scottish Water] by the owner or occupier of the premises for the time being.

(2) An agreement under the foregoing subsection may only be entered into by [F69 Scottish Water] where [F70 it has] no duty under section 1 above to provide public sewers to serve the premises.

Textual Amendments

F63 Words in s. 8(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 12(a)(i) (with s. 67); S.S.I. 2002/118, art. 2

F64 Word in s. 8(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 12(a)(ii) (with s. 67); S.S.I. 2002/118, art. 2

F65 Word in s. 8(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 12(a)(iii) (with s. 67); S.S.I. 2002/118, art. 2

F66 Word in s. 8(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 12(a)(iv) (with s. 67); S.S.I. 2002/118, art. 2

F67 Words in s. 8(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 4 (with s. 67); S.S.I. 2002/118, art. 2

F68 Words in s. 8(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 4 (with s. 67); S.S.I. 2002/118, art. 2

F69 Words in s. 8(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 12(b)(i) (with s. 67); S.S.I. 2002/118, art. 2

F70 Words in s. 8(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 12(b)(ii) (with s. 67); S.S.I. 2002/118, art. 2

9 Loan of temporary sanitary conveniences. S

Where work is to be carried out in connection with a sewer, drain or sewage treatment works which necessitates the disconnection of water closets or other sanitary conveniences provided for or in connection with premises, [F71 Scottish Water] may agree with the occupier of the premises, and on such terms and conditions as may be specified in the agreement, to supply on loan to him temporary sanitary conveniences in substitution for any water closets or other sanitary conveniences so disconnected:

Provided that [F71 Scottish Water] shall make no charge for the supply, cleansing or removal of the temporary sanitary conveniences for the first 7 days of the period of loan or where the work is made necessary by a defect in a public sewer.

Textual Amendments

F71 Words in s. 9 substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 13 (with s. 67); S.S.I. 2002/118, art. 2

[F72 10 Emptying of septic tanks. S

(1) It shall be the duty of [F73 Scottish Water]F73 to empty a septic tank serving premises in [F74 its]F74 area on [F74 its]F74 being requested to do so by the owner or occupier of the premises; but that duty is subject to subsection (2) below and as respects any particular septic tank—

(a) to its being reasonably practicable to empty the tank; and

(b) to all proper charges for [F74 its]F74 doing so being timeously paid.

(2) The duty does not extend to septic tanks which receive trade effluent; but [F75 Scottish Water]F75 may, at the request of an owner or occupier of premises served by any such septic tank, agree to empty it on such conditions as to payment or otherwise as [F76 it thinks]F76 fit.

(3) If any question arises under this section as to whether emptying is reasonably practicable or as to whether a septic tank receives trade effluent, it shall be determined summarily by the sheriff, whose decision in the matter shall be final.

(4) For the purposes of subsection (1) above, a charge is proper if fixed in accordance with, and timeously paid if paid in accordance with, a charges scheme (within the meaning of [F77 the Water Industry (Scotland) Act 2002 (asp 3)]F77 ).]

Textual Amendments

F72 S. 10 and sidenote substituted (1.4.1996) by 1994 c. 39, s. 102 (with s. 74(4)); S.I. 1996/323, art. 4(1)(a), Sch. 1

F73 Words in s. 10(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 2 (with s. 67); S.S.I. 2002/118, art. 2

F74 Words in s. 10(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 14(a) (with s. 67); S.S.I. 2002/118, art. 2

F75 Words in s. 10(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 4 (with s. 67); S.S.I. 2002/118, art. 2

F76 Words in s. 10(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 14(b) (with s. 67); S.S.I. 2002/118, art. 2

F77 Words in s. 10(4) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 14(c) (with s. 67); S.S.I. 2002/118, art. 2

11 Duty of local authority to keep map showing public sewers etc. S

[F78 (1) [F79 Scottish Water]F79 shall keep deposited at [F80 its]F80 principal office a map showing and distinguishing so far as is reasonably practicable all sewers, drains and sewage treatment works which are vested in [F81 it]F81 by virtue of this Act or of [F82 the Water Industry (Scotland) Act 2002 (asp 3)]F82 or in respect of which [F83 it has]F83 made a determination under section 3A(2) of this Act; and [F84 Scottish Water]F84 shall provide reasonable facilities at that office for inspection of the map by any person and shall permit a copy of the map, or of an extract of it, to be taken by a person on his paying such reasonable amount as [F84 Scottish Water]F84 may determine.]

(2) Where some of the sewers so vested in [F79 Scottish Water] are reserved for foul water only or for surface water only, the said map shall show also the purposes which each such sewer is intended to serve.

[F85 (3) [F79 Scottish Water]F79 shall keep deposited at such of [F80 its]F80 offices, other than [F80 its]F80 principal office, as [F86 it considers]F86 appropriate, a copy relevant to the office in question of part of the map mentioned in subsection (1) above; and [F87 it]F87 shall provide the like facilities and permission in relation to the copy part, at the office at which that copy is deposited, as, under subsection (1) above, [F88 it does]F88 in relation to the map mentioned in that subsection at [F80 its]F80 principal office.

(4) For the purposes of subsection (3) above, a copy is relevant to an office if it is of such part of the map mentioned in subsection (1) above as appears to [F89 Scottish Water]F89 to be appropriate having regard to the geographical location of that office.]

Textual Amendments

F78 S. 11(1) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 75(8)(a); S.I. 1996/323, art. 4(1)(b)(c)

F79 Words in s. 11(1)(2)(3) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 2 (with s. 67); S.S.I. 2002/118, art. 2

F80 Words in s. 11 substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 15(a) (with s. 67); S.S.I. 2002/118, art. 2

F81 Word in s. 11(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 15(b)(i) (with s. 67); S.S.I. 2002/118, art. 2

F82 Words in s. 11(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 15(b)(ii) (with s. 67); S.S.I. 2002/118, art. 2

F83 Words in s. 11(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 15(b)(iii) (with s. 67); S.S.I. 2002/118, art. 2

F84 Words in s. 11(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 4 (with s. 67); S.S.I 2002/118, {art. 2}

F85 S. 11(3)(4) added (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 75(8)(c); S.I. 1996/323, art. 4(1)(b)(c)

F86 Words in s. 11(3) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 15(c)(i) (with s. 67); S.S.I. 2002/118, art. 2

F87 Words in s. 11(3) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 15(c)(ii) (with s. 67); S.S.I. 2002/118, art. 2

F88 Words in s. 11(3) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 15(c)(iii) (with s. 67); S.S.I. 2002/118, art. 2

F89 Words in s. 11(4) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 3 (with s. 67); S.S.I. 2002/118, art. 2